Full Text of HB2134 101st General Assembly
HB2134ham002 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 2/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2134
| 2 | | AMENDMENT NO. ______. Amend House Bill 2134 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom From Location Surveillance Act is | 5 | | amended by changing Sections 5, 10, 15, 20, and 25 as follows: | 6 | | (725 ILCS 168/5) | 7 | | Sec. 5. Definitions. For the purpose of this Act: | 8 | | "Basic subscriber information" means name, address, local | 9 | | and long distance telephone connection records or records of | 10 | | session time and durations; length of services, including start | 11 | | dates, and types of services utilized; telephone or instrument | 12 | | number or other subscriber number or identity , including any | 13 | | temporarily assigned network address; and the means and source | 14 | | of payment for the service , including the credit card or bank | 15 | | account number . | 16 | | "Electronic device" means any device that enables access |
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| 1 | | to, or use of: | 2 | | (1) an electronic communication service that provides | 3 | | the ability to send or receive wire or electronic | 4 | | communications , including wireless communications | 5 | | connecting the device to a telephone network ; | 6 | | (2) a remote computing service that provides computer | 7 | | storage or processing services by means of an electronic | 8 | | communications system; or | 9 | | (3) a location information service such as a global | 10 | | positioning service or other mapping, locational, or | 11 | | directional information service. | 12 | | "Electronic device" does not mean devices used by a | 13 | | governmental agency or by a company operating under a contract | 14 | | with a governmental agency for toll collection, traffic | 15 | | enforcement, or license plate reading.
| 16 | | "Law enforcement agency" means any agency of this State or | 17 | | a political subdivision of this State which is vested by law | 18 | | with the duty to maintain public order or enforce criminal | 19 | | laws.
| 20 | | "Location information" means any information concerning | 21 | | the location of an electronic device that, in whole or in part, | 22 | | is generated by or derived from the operation or possession of | 23 | | that device.
| 24 | | "Social networking website" has the same meaning ascribed | 25 | | to the term in subsection (b) of Section 10 of the Right to | 26 | | Privacy in the Workplace Act.
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| 1 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17 .) | 2 | | (725 ILCS 168/10) | 3 | | Sec. 10. Court authorization. Except as provided in | 4 | | Section 15, a law enforcement agency shall not obtain current | 5 | | or future location information pertaining to a person or his or | 6 | | her effects without first obtaining a court order under Section | 7 | | 108-4 of the Code of Criminal Procedure of 1963 based on | 8 | | probable cause to believe that the person whose location | 9 | | information is sought has committed, is committing, or is about | 10 | | to commit a crime or the effect is evidence of a crime, or if | 11 | | the location information is authorized under an arrest warrant | 12 | | issued under Section 107-9 of the Code of Criminal Procedure of | 13 | | 1963 to aid in the apprehension or the arrest of the person | 14 | | named in the arrest warrant. An order issued under a finding of | 15 | | probable cause under this Section must be limited to a period | 16 | | of 60 days, renewable by the judge upon a showing of good cause | 17 | | for subsequent periods of 60 days. A court may grant a law | 18 | | enforcement entity's request to obtain current or future | 19 | | location information under this Section through testimony made | 20 | | by electronic means using a simultaneous video and audio | 21 | | transmission between the requestor and a judge, based on sworn | 22 | | testimony communicated in the transmission. The entity making | 23 | | the request, and the court authorizing the request shall follow | 24 | | the procedure under subsection (c) of Section 108-4 of the Code | 25 | | of Criminal Procedure of 1963 which authorizes the electronic |
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| 1 | | issuance of search warrants.
| 2 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 3 | | (725 ILCS 168/15) | 4 | | Sec. 15. Exceptions. This Act does not prohibit a law | 5 | | enforcement agency from seeking to obtain current or future | 6 | | location information: | 7 | | (1) to respond to a call for emergency services | 8 | | concerning the user or possessor of an electronic device; | 9 | | (2) with the lawful consent of the owner of the | 10 | | electronic device or person in actual or constructive | 11 | | possession of the item being tracked by the electronic | 12 | | device; | 13 | | (3) to lawfully obtain location information broadly | 14 | | available to the general public without a court order when | 15 | | the location information is posted on a social networking | 16 | | website, or is metadata attached to images and video, or to | 17 | | determine the location of an Internet Protocol (IP) address | 18 | | through a publicly available service; | 19 | | (4) to obtain location information generated by an | 20 | | electronic device used as a condition of release from a | 21 | | penal institution, as a condition of pre-trial release, | 22 | | probation, conditional discharge, parole, mandatory | 23 | | supervised release, or other sentencing order, or to | 24 | | monitor an individual released under the Sexually Violent | 25 | | Persons Commitment Act or the Sexually Dangerous Persons |
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| 1 | | Act; | 2 | | (5) to aid in the location of a missing person;
| 3 | | (6) in emergencies as follows: | 4 | | (A) Notwithstanding any other provisions of this | 5 | | Act, any investigative or law enforcement officer may | 6 | | seek to obtain location information in an emergency | 7 | | situation as defined in this paragraph (6). This | 8 | | paragraph (6) applies only when there was no previous | 9 | | notice of the emergency to the investigative or law | 10 | | enforcement officer sufficient to obtain prior | 11 | | judicial approval, and the officer reasonably believes | 12 | | that an order permitting the obtaining of location | 13 | | information would issue were there prior judicial | 14 | | review. An emergency situation exists when: | 15 | | (i) the use of the electronic device is | 16 | | necessary for the protection of the investigative | 17 | | or law enforcement officer or a person acting at | 18 | | the direction of law enforcement; or | 19 | | (ii) the situation involves: | 20 | | (aa) a clear and present danger of | 21 | | imminent death or great bodily harm to persons | 22 | | resulting from: | 23 | | (I) the use of force or the threat of | 24 | | the imminent use of force, | 25 | | (II) a kidnapping or the holding of a | 26 | | hostage by force or the threat of the |
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| 1 | | imminent use of force, or | 2 | | (III) the occupation by force or the | 3 | | threat of the imminent use of force of any | 4 | | premises, place, vehicle, vessel, or | 5 | | aircraft; | 6 | | (bb) an abduction investigation; | 7 | | (cc) conspiratorial activities | 8 | | characteristic of organized crime; | 9 | | (dd) an immediate threat to national | 10 | | security interest; | 11 | | (ee) an ongoing attack on a computer | 12 | | comprising a felony; or | 13 | | (ff) escape under Section 31-6 of the | 14 | | Criminal Code of 2012. | 15 | | (B) In all emergency cases, an application for an | 16 | | order approving the previous or continuing obtaining | 17 | | of location information must be made within 72 hours of | 18 | | its commencement. In the absence of the order, or upon | 19 | | its denial, any continuing obtaining of location | 20 | | information gathering shall immediately terminate. In | 21 | | order to approve obtaining location information, the | 22 | | judge must make a determination (i) that he or she | 23 | | would have granted an order had the information been | 24 | | before the court prior to the obtaining of the location | 25 | | information and (ii) there was an emergency situation | 26 | | as defined in this paragraph (6). |
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| 1 | | (C) In the event that an application for approval | 2 | | under this paragraph (6) is denied, the location | 3 | | information obtained under this exception shall be | 4 | | inadmissible in accordance with Section 20 of this Act; | 5 | | or
| 6 | | (7) to obtain location information relating to an | 7 | | electronic device used to track a vehicle or an effect | 8 | | which is owned or leased by that law enforcement agency.
| 9 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 10 | | (725 ILCS 168/20)
| 11 | | Sec. 20. Admissibility. If the court finds by a | 12 | | preponderance of the evidence that a law enforcement agency | 13 | | obtained current or future location information pertaining to a | 14 | | person or his or her effects in violation of Section 10 or 15 | 15 | | of this Act, then the information shall be presumed to be | 16 | | inadmissible in any judicial or administrative proceeding. The | 17 | | State may overcome this presumption by proving the | 18 | | applicability of a judicially recognized exception to the | 19 | | exclusionary rule of the Fourth Amendment to the United States | 20 | | Constitution or Article I, Section 6 of the Illinois | 21 | | Constitution, or by a preponderance of the evidence that the | 22 | | law enforcement officer was acting in good faith and reasonably | 23 | | believed that one or more of the exceptions identified in | 24 | | Section 15 existed at the time the location information was | 25 | | obtained.
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| 1 | | (Source: P.A. 98-1104, eff. 8-26-14.) | 2 | | (725 ILCS 168/25)
| 3 | | Sec. 25. Providing location information to a law | 4 | | enforcement agency not required. Nothing in this Act shall be | 5 | | construed to require a person to provide current or future | 6 | | location information to a law enforcement agency under Section | 7 | | 15.
| 8 | | (Source: P.A. 98-1104, eff. 8-26-14.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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